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Jamie-Law, Solicitor

Category: Law

Satisfied Customers: 4335

Experience: Solicitor

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My husband and I have paid 6 month's rental to the

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My husband and I have paid 6 month's rental to the landlord's agent up to next May under a private letting - over £7,000 plus agent's fees - deposit is protected under Government scheme.The agent told me that all this money had to be paid in full now as our income did not meet some schedule he used to work out our income against the rent of £1,000 per month.I was not given any opportunity to read tenancy agreement before I was obliged to sign it in the agent's office and it was then that I was given the Inventory.My son-in-law and I have checked this very carefully against the condition of the property and there are a number of serious defects which I have drawn to the agent's attention. His initial comment was that "this was what the viewing was for". He then admitted that he had never visited the property.According to the Inventory there are a number of items that I must attend to before I vacate but none of these items have been attended to by the landlord prior to the commencement of my tenancy and, in effect, on vacating, I would be improving the property to a higher standard than it is now for the benefit of the landlord.We have not taken possession yet as we are awaiting delivery of our furniture and effects from overseas.We do not want to continue with the tenancy and would like to know our rights to rescind the agreement now.

We are strongly of the opinion that in view of the condition of the property it is not worth the rental of £1,000 per month and we want to cancel the tenancy agreement now/today and receive a full refund of all rental money paid.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

You can end the agreement if there has been a fundamental breach of contract. That is a breach which goes to the very substance of the contract. But if you are going to claim such a breach you need to end the contract and leave.

Otherwise the longer you leave it the harder it is to claim, as the Landlord could say you have accepted the breach.

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